Kenneth Manes vs. Tenneco Inc. Ace,

Tenneco Inc. Ace, Kenneth Manes WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAKENNETH MANES,Applicant,vs. TENNECO INC.; ACE,Defendant(s). Case No. ADJ4219029 (ANA 0355235) OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the May 18, 2010 Findings and Award and Order,wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a shipping clerk during the period August 24, 1964, through’ September 23, 1997, sustained industrial injury to his left shoulder and neck, causing permanent total disability. The WCJ found that the 2% apportionment found by the agreed medical evaluator (AME), Dr. Charles I. Rudner, “would not constitute legal apportiomnent.” Defendant contends the WCJ erred by not apportioning 2% permanent disability to non-industrial factors, as determined by the AME. We have considered the Petition for Reconsideration and applicant’s Answer, and we havereviewed the record in this matter. The WCJ prepared a Report and Recommendation ofCalifornia Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons expressed by the WCJ in her Report, which we adopt and incorporate, andfor the reasons discussed below, we will deny defendant’s petition for reconsideration. The AME’s apportionment discussion appears at page 54 of his August 31, 2009 report(August 28, 2009 examination): ,  “Apportionment of causation of residual permanent disability related to the neck and left shoulder conditions is 98% to cumulative industrial trauma of the patient’s usual and customary occupational duties from August 24, 1964 through September 23, 1997; 2% to cumulative nonindustrial trauma of activities of daily living and leisure and recreational activities; and 0% to other factors.” (May 3, 2010 Minutes of Hearing and Summary of Evidence, Appeals Board Exhibit X.) As noted by defend

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